CONDITIONS OF USE AND PURCHASE
2. OUR DATA
This website is executed under the name Cifrasegura by Cifrasegura Limitada, a commercial company with shares, and with head-office at Rua Maria Helena Vieira da Silva, 16, Albarraque, 2635-462 Rio de Mouro, registered at the Commercial Registry of Sintra, under the number 507 600 940, which is also the identification number of a legal person, with a share capital of € 5,000.00 (five thousand euros), with the telephone number 21 925 9675 and the email firstname.lastname@example.org
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
4. USE OF OUR WEBSITE
When using our website and / or placing orders through it, the customer undertakes to:
4.1. Use this website only to make legally valid inquiries or orders.
4.2. Do not place any false or fraudulent orders. If, within reason, we can asume that an order of this nature has been placed, we will have authorization to cancel it and inform the competent authorities.
5. SERVICE AVAILABILITY
The articles presented on this website are available for delivery to any EU country, and the ordered items will be delivered to delivery addresses given.
6. CONTRACT CELEBRATION
To place an order, you must follow the online purchase procedure and click on «Authorize Payment», before reading and accepting these Purchase Conditions. In doing so, you are entering into a purchase and sale agreement with us (the “Agreement”). You will subsequently receive an email acknowledging receipt of your order (the «Order Confirmation»). You will also receive an email, in which we will confirm that the order has been shipped (the “Delivery Confirmation”). An electronic note with the details of your order must be attached to the Delivery Confirmation.
7. PRODUCT AVAILABILITY
All product orders will be subject to product availability. In this sense, if there is any difficulty regarding the supply of products or if there are no items in stock, we will inform you immediately of the unavailability, and will refund any amount you may have paid within 30 days.
Without prejudice to the provisions of Clause 7 above, regarding the availability of products, and unless there are extraordinary circumstances, we will try to send the order for the products mentioned in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if not no delivery date has been specified within 30 days of the Order Confirmation date. However, delays may occur for any of the following reasons: • product customization; • specialized articles; • unforeseen circumstances; or • problems in the delivery zone. We do not deliver on Saturdays or Sundays. According to these conditions, the "delivery" must have been carried out or the order "delivered" when the customer or a third party indicated by you is physically in possession of the products, which will be evidenced by the signature of the order receipt at the delivery address indicated.
9. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will leave a note indicating where your order is and what to do to have it delivered again. If you are not at the place of delivery at the agreed time, we ask that you contact us so that we can arrange the delivery for another day. Please note that in case of non-delivery of the product within the stipulated period, you may be charged for the storage of the products and for new delivery attempts.
10. IMMEDIATE COLLECTION
If the customer has chosen the option to collect his purchase at the company, he may receive a notification from our “Immediate Collection” service stating that the items in his order are available for collection. This service is dependent on the availability of stock and other factors, and therefore cannot be chosen by the customer when placing his order. If you receive notification that “Immediate Collection” is available, your order will be available for collection at the company's address. As soon as your “Immediate Collection” order has been prepared, we will contact the customer to let them know that they can pick up the order. The order can be picked up in person (by presenting the order number and a document proving your identity) or you can appoint another person to collect your order. In that case, the nominated person must present the order number and a document proving his identity. The terms of this Clause 10 (together with the remaining terms) will be applied to the customer if he makes a purchase through the “Immediate Collection” service, being also subject to any other applicable rules.
11. TRANSFER OF RISKS AND PROPERTY OF PRODUCTS
The product risks will be borne by the customer from the moment of delivery. The customer will acquire ownership of the products when we receive full payment of the amounts due for them, including shipping costs, or at the time of delivery (according to the definition in Clause 8 above), if this date is later.
12. PRICE AND PAYMENT
The price of each product will be the one that is stipulated, at each moment, on our website, except in case of evident error. Although we try to ensure that all prices on the page are correct, errors may occur. If we detect an error in the price of any of the products that the customer has ordered, we will inform you as soon as possible and give you the option to confirm the order again with the correct price or to cancel it. If we are unable to contact the customer, the order will be cancelled, and the amount paid will be refunded in full. We are not obliged to provide you with any product at the incorrect lower price (even if we have sent the Shipping Confirmation) if the error in the price is obvious and unambiguous and if it could have been reasonably recognized by the customer as being an incorrect price . The prices on this website do not include VAT, nor do they include shipping costs, which will be added to the total amount due, as set out in our Shipping Guide. Prices can be changed at any time, but (except under the terms set out above) the possible changes will not affect orders for which we have already sent an Order Confirmation. Once you have made your purchases, all the items you want to buy have been added to your cart and the next steps will be the completion of the order and payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested in each step. In addition, during the purchase process, before payment, the customer can change the order details. The user has a detailed description of the purchase process in the Purchasing Guide. You can pay with Visa, Mastercard and PayPal. You can also pay for all your purchases by bank transfer, using the details on the payment page. To reduce the risk of unauthorized access, your credit card details will be encrypted. By clicking on «Checkout», the customer confirms that the credit card is his or her legitimate owner. Credit cards are subject to checks and authorizations by the issuing entities, but if they do not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with the customer.
13. BUY AS GUEST
This website also allows you to purchase through the guest purchase feature. In this type of purchase, only the essential data are required to be able to place your order. Once the purchase process is finished, you will be offered the possibility to register as a user or continue as an unregistered user.
14. VALUE ADDED TAX
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force. If you place an order from outside Portugal, it will be treated as an export order and VAT will not be charged.
15. REFUND POLICY
15.1 Despite the right to freely terminate the contract, according to the applicable rules if you are contracting as a consumer, the client has the legally enshrined right to terminate the contract, within 14 days, after its conclusion without giving any reason. Cifrasegura opted for the policy of “Guaranteed Free Return for 21 days” This resolution period will expire after 21 days from the day when the customer (or a third party - other than the carrier - indicated by you) physically purchases several items. In order to exercise the right of free termination of the contract, the client can contact us by email or telephone, indicating his decision to terminate this contract by an unequivocal statement (example: a letter sent by post or email), to which you must attach a copy of the invoice or order for easy identification of the transaction. However, the consumer can exercise the right of free withdrawal by any means, and the use of any of the aforementioned means is not mandatory. To respect the term for the free termination of the contract, just send your communication regarding your exercise of the right of withdrawal before the period of termination of the contract expires. If the customer terminates the Contract, we will refund the amount paid for the products, including delivery costs at the original delivery location (with the exception of the extra costs incurred by the customer not returning it using any of the free methods mentioned in the refund conditions. We will make the refund using the same payment method that the customer used for the original transaction, or the customer may choose to keep a credit for later use, unless the customer delivers the products to the company's address in Portugal or returns the products through a carrier determined by us, the customer must bear the return shipping costs, and the customer is responsible for the content and packaging of the return when opting for one of the return methods offered by the company. an error in the contents of the return package not attributed to the company, we are entitled to charge the costs associated with the corresponding return to the customer, if applicable. All rights recognized by the law in force will be safeguarded.
15.2 Contractual right to return products In addition to the legally recognized right of consumers to freely terminate the contract, mentioned in clause 15.1 above, we grant the customer a period of 21 days from the date of confirmation of the shipment of the products to return them. (except those mentioned in clause 15.3 below, for which the right to return products is excluded). However, the customer must inform us of his intention to return the products and deliver the products to us within 21 days of confirmation of the shipment.
15.3 Conditions for exercising the contractual right to return products
The customer does not have the contractual right to return the products, provided for in clause 15.2 in relation to the following products:
i. Custom or custom-made items
ii. Items without original packaging
iii. Products that have been purchased in the OPPORTUNITIES section
iv. Special bulk orders.
The contractual right to return products must apply exclusively to products that can be returned under the same conditions in which the customer received them. No refund will be made if the product has been used beyond simply opening its packaging or if it has suffered damage; therefore, the customer must be careful with the products while they are in their possession. Please return the item, using or including the original packaging. It should also include all instructions, labels, documents and product packaging. In any case, you must deliver, duly completed, the receipt you received at the time of delivery of the product, together with the product to be returned. Please note that if you decide to return the items to us with freight costs for collection, we will be allowed to charge you for the expenses we may incur. After examining the article, we will inform you if you are entitled to a refund of the amounts paid. Delivery costs will be reimbursed when the contractual right to return the products is exercised within the contractually defined period all the products concerned are returned
17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You should not misuse this website by intentionally introducing viruses, Trojans, logic bombs or any other technologically harmful or harmful material. You must not obtain unauthorized access to this web page, the server on which this page is located, or any server, computer or database related to our web page. You undertake not to attack this web page through a denial of service attack or a distributed denial of service attack. Failure to comply with this clause may imply the practice of infractions typified by the applicable legislation. We will inform the competent authorities of any non-compliance with said legislation and cooperate with them to discover the identity of the attacker. In case of non-compliance with this clause, you will also no longer be authorized to use this website. We will not be responsible for any data or losses resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials, as a result of using this website or downloading its contents or the contents to which it redirects.
18. CONNECTIONS FROM OUR WEB PAGE
If our website contains links to other third-party pages and materials, these links are provided for information purposes only, without any control over the content of those pages or materials. Thus, we will not accept any liability for damage or loss due to its use.
19. WRITTEN COMMUNICATION
Applicable law requires that some of the information or notifications we send is in writing. By using this website, the customer accepts that most notifications with us are electronic. We will contact the customer by email or provide information through notices posted on this website. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other notifications sent via e-mail satisfy the legal requirement that such notifications be made in writing. This condition will not affect the rights recognized by law.
Customer notifications must be sent via telephone contact or by email. We will send you notifications by email or to the postal address provided when you placed your order. Notifications will be deemed to have been received, and correctly made, when the customer enters our website, 24 hours after sending an email or three days after the date of mailing of any letter. To prove that the notification was made, it will suffice to prove, in the case of a letter, that the address was correct, that it was correctly sealed and that it was properly delivered to the post office or a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient
21. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract commitment is valid for you and for us, as well as our respective successors, people who have benefited from transfers made by us and heirs. You may not transmit, waive, terminate or in any other way transfer a contract or any of the rights or obligations arising therefrom without obtaining our prior written consent.
22. REASONS FOR FORCE MAJEURE
We will not be responsible for any breach or delay of any of the obligations assumed by us under a Contract whose cause is due to events that are beyond our control (Reasons for Force Majeure). The concept of Force Majeure must include any act, event, failure to exercise, omission or accident that is beyond our control, including, among others, the following: i. General strike, or other forms of protest that significantly affect the country. ii. Public order disturbances, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war, iii. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster. iv. Inability to use trains, boats, aircraft, motor transport or other means of transport, public or private. v. Inability to use public or private telecommunications systems. Our obligations under the Contracts will be deemed to be suspended during the period in which the Force Majeure Reasons occur and we will benefit from an extension of the period to fulfil such obligations, for a period equal to the duration of the Force Majeure Reasons . We will use all reasonable means to stop the Force Majeure Reasons or to find a solution that allows us to fulfil our obligations under the Contract, despite the Force Majeure Reasons.
23. RESIGNATION RIGHTS
The lack of requirement on our part for the strict fulfilment by the client of any of the obligations assumed by him under a Contract or these Conditions or the lack of exercise, on our part, of the rights or actions that are due by virtue of this Agreement or Conditions will not mean waiver or any limitation in relation to those rights or actions, nor exonerate the customer from fulfilling its obligations. No waiver, on our part, of a concrete right or action will imply the waiver of our rights or actions derived from the Contract or the Conditions. No waiver, on our part, of any of the present Conditions or the rights or actions derived from the Contract will take effect, unless it is expressly established that this is a waiver, formalized and communicated to the customer, in writing.
24. PARTIAL CANCELLATION
If any of the present Conditions or any provision of a Contract are declared null and void, by firm resolution by a competent authority, the remaining terms and conditions remain in effect, unaffected by this declaration of nullity.
25. SINGLE AGREEMENT
These Conditions and all documents to which express references are made constitute the entire agreement between us and the client, with respect to the object of the Contract, and replace any other pact, agreement or promise previously established between us and the client, either verbally or written. We and the customer acknowledge that we have consented to entering into the Agreement without relying on any statement or promise made by the other party or that may interfere with any written statement in the negotiations entered into by both parties prior to this Agreement, except as expressly mentioned in the present Conditions.
26. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the purchase contracts made through this page are governed by Portuguese law. This provision does not affect the other rights recognized to the consumer by the legislation in force.
27. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. We ask that you send comments and suggestions via email.
28. ALTERNATIVE DISPUTE RESOLUTION
In this sense, if the transaction has been completed through our website, we inform you - in accordance with EU Regulation No. 524/2013 - that you have the option of trying to resolve any dispute in an extrajudicial way through access to the platform online dispute resolution, at http: // ec europa eu / consumers / odr /. You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of 8 September, on the Consumer Portal, through the website www.consumidor.pt.